JUDGMENT :

1. Heard Sri Sunil Kumar, learned counsel for the applicant, Sri Pankaj Kumar Tripathi, learned AGA for the State and Sri Bhanu Prakash Singh, learned counsel for opposite party no.2.

2. This application has been moved under Section 482 CrPC to set aside the order dated 25.07.2022 passed by ACJM-I, Gautam Budh Nagar in Criminal Misc. Application No.462 of 2021 (old No.343 of 2021, Smt. Ruchi Mittal Vs. Amit Mittal and others), under Section 156(3) CrPC treating the application under Section 156(3) CrPC to be a complaint case. It is also prayed that after setting aside the impugned order, a fresh order directing the police to register the case and start investigation and to submit investigation report. Alternatively, a prayer is also made to direct the ACJM-I, Gautam Budh Nagar to hear and decide the aforementioned application under Section 156(3) CrPC within a stipulated period of time.

3. At the very outset before entering into merit it would be proper to mention that Sri Bhanu Prakash Singh, learned counsel appeared on behalf of opposite party no.2 without any notice about which it is argued by the learned counsel for the applicant that he has no locus to appear and argue